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Intelligence and Security Act 2017

Covert activities of intelligence and security agencies - Assumed identities

28: Provisions do not require destruction of certain information

You could also call this:

"Agencies don't have to destroy information they need to keep"

Illustration for Intelligence and Security Act 2017

When you look at sections 26(4) and 27(3) of the Intelligence and Security Act 2017, you see they do not make agencies destroy information if they have to keep it. You also find that these sections do not let agencies get rid of records in a way that goes against the Public Records Act 2005. This rule applies to section 29 as well.

If an agency must keep some information, sections 26(4) and 27(3) do not force them to destroy it. You can find more about how agencies handle records in the Public Records Act 2005. This helps agencies follow the rules when dealing with important information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118916.

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Government and voting > Government departmentsCrime and justice > Police and safety
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27: Cancellation of evidence of assumed identity, or

"Stopping use of a fake identity: following the Director-General's instructions"

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29: Non-compliance with enactments, policies, and practices, or

"Breaking rules when spies use secret identities"

Part 3Covert activities of intelligence and security agencies
Assumed identities

28Provisions do not require destruction of certain information

  1. Sections 26(4) and 27(3)—

  2. do not require an agency to destroy information if the agency is under an obligation to retain the information; and
    1. do not require or authorise the disposal of a record for the purposes of the Public Records Act 2005.

      1. Section 29 is subject to this section.